Mithun Sah @ Mithun Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57012 of 2015 Arising Out of PS.Case No. -180 Year- 2015 Thana -AMAUR District- PURNIA ======================================================
1. Mithun Sah @ Mithun Kumar Son of Subhlal Sah
2. Manoj Sah Son of Shukaru Sah
3. Mukesh Sah Son of Subhlal Sah
4. Dinesh Sah son of Shukaru Sah
5. Pappu Sah Son of Subhlal Sah
6. Raju Kumar Sah Son of Umesh Sah All residents of village Garhara Hakali, P.S. Amour, District Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Ziaul Quamar, Advocate For the Opposite Party/s : Mr. Ajay Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 325, 379, 307, 504, 506 of the Indian Penal Code.
The prosecution case is that in the background of land dispute and taking possession of the land, nine accused persons came variously armed and co-accused Shubhlal Sah assaulted with iron rod to the son of the informant Raju Kumar, whereas Sukaru Sah also assaulted with lathi, causing fracture injury, when brother
Patna High Court Cr.Misc. No.57012 of 2015 (2) dt.17-12-2015 of the informant Mahendra Sah was assaulted by Upendra Sah. It is alleged that there is omnibus and general intention to assault the informant's side. It is alleged that petitioner Pappu Sah and Mithun Sah snatched Rs. 2,000/- from the pocket of the informant.
It is submitted by the learned counsel for the petitioners that specific accusation of assault is against Shubhlal Sah, Sukaru Sah and Upendra Sah, who are not petitioners before this Court. There is counter version of the occurrence. Injury has been found to be simple in nature. Considering the fact that specific accusation of assault has not been levelled against the petitioners and there is counter version of the occurrence, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 180 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T